[council] An additional issue for AOB at our next meeting

Tue Mar 15 09:37:35 UTC 2022

Dear All:

Thank you for your attention to the cyber abuse issue at our last meeting of 10 March.

I think three questions arise:

1) The first question is whether and to what extent cyberattacks or cyberwarfare (may) impact the DNS and its security and stability. The answer to this question will help the SG/Cs determine whether any policy related initiative is warranted.

I propose to invite your SG/C to support the concept of an impact analysis. Org (with the assistance of councilors of each house) can ask SSAC to prepare such analysis or contract with an external and independent expert to that purpose.

In a next phase, we can think of policies that effectively permanently map, identify and combat forms of abuse as warranted by overarching global security concerns.

2) The second question is what ICANN can do to assure openness and accessibility to the Internet.

I am sure the community will come up with creative suggestions. Inviting people at ICANN meetings and financially supporting their attendance may be an example. Ensuring that Internet users can engage with each other in a safe and secure environment may also contribute to maintaining the openness and accessibility of the Internet. I propose to invite your SG/C to think of concrete measures that the community can discuss with ICANN org.

3) The third question is what ICANN can effectively undertake to stop cyber abuse.

I am convinced that the organization does not aspire to install what I would describe as a ‘cyber curtain’, which is exactly what some regimes would like to do themselves. History has shown its impact on a numerous number of levels.

However, we should be able to take measures to fight activities that terrorize people, businesses, organizations, and States.

ICANN has Expected Standards of Behavior. Why don’t we set up Expected Standards of Use?

ICANN has set up a program that supports the enforcement of rights out of court, that has been implemented on a global level, and that has been successful for over 20 years. Why don’t we set up a Unified Abuse Resolution Policy that may impose technical and financial measures where appropriate?

I am convinced that we should explore a broader scope of legal and ethical considerations at this stage. If the organization can take effective measures but refrains from doing so because of reasons of neutrality to mention just one, I expect others will step in and instruct what the organization is expected to do.

Therefore, I propose to invite your SG/C to support the initiative to set up a working group that discusses this issue and advises on the effectiveness of a policy to fight cyberattacks and cyberwarfare.

I thank you for your attention to this and I will discuss this with my own constituency and come back to you with its position.

Best regards,

Flip

Flip Petillion
fpetillion at petillion.law<mailto:fpetillion at petillion.law>
+32484652653
www.petillion.law<http://www.petillion.law>

[id:image001.png at 01D3691D.DA7539C0]<https://www.petillion.law/>

  Attorneys – Advocaten – Avocats

From: council <council-bounces at gnso.icann.org> on behalf of Flip Petillion via council <council at gnso.icann.org>
Reply to: Flip Petillion <fpetillion at petillion.law>
Date: Wednesday, 9 March 2022 at 16:17
To: "philippe.fouquart at orange.com" <philippe.fouquart at orange.com>, "council at gnso.icann.org" <council at gnso.icann.org>
Cc: "gnso-secs at icann.org" <gnso-secs at icann.org>
Subject: Re: [council] An additional issue for AOB at our next meeting

Thank you Philippe,
That indeed was the intention.
Best regards,
Flip

Flip Petillion
fpetillion at petillion.law<mailto:fpetillion at petillion.law>
+32484652653
www.petillion.law<http://www.petillion.law>

[cid:image002.png at 01D833D1.1A905E40]<https://www.petillion.law/>

  Attorneys – Advocaten – Avocats

From: "philippe.fouquart at orange.com" <philippe.fouquart at orange.com>
Date: Wednesday, 9 March 2022 at 16:12
To: Flip Petillion <fpetillion at petillion.law>, "council at gnso.icann.org" <council at gnso.icann.org>
Cc: "gnso-secs at icann.org" <gnso-secs at icann.org>
Subject: RE: An additional issue for AOB at our next meeting

Dear Flip,

Thanks for the proposal. We will have this as an AOB item to give you the opportunity to elaborate even as an individual, for the benefit of those who would not have consulted their mailbox.

Given the importance of those events, the expectation would only be at this stage to bring councilors attention to this question of whether any policy related initiative is warranted with this context, not for them to “give an answer” this afternoon. So probably not much of a substantive discussion to be had, but as you point out, this will enable councilors to consult with the SG/Cs and come back to Council as they see fit.

Regards,
Philippe

Orange Restricted
From: council <council-bounces at gnso.icann.org> On Behalf Of Flip Petillion via council
Sent: Wednesday, March 9, 2022 11:30 AM
To: council at gnso.icann.org
Cc: gnso-secs at icann.org
Subject: [council] An additional issue for AOB at our next meeting

Dear All:

I propose that we put the following issue as an AOB on the agenda of our next meeting.

The incident that generated the letter from the Deputy Prime Minister, Minister of Digital Transformation of Ukraine, and the response by G. Marby, raises questions on ICANN’s role at the occasion of certain Internet activities in conflict situations. There is more to this than the question of restricting access to the Internet, the need to act neutral and within ICANN’s core mission.  The questions cover a broad scope of legal and ethical considerations that may need to be fully explored.  Above all, the security and stability of the Internet and the systems reliant upon it are at risk.

The question is: how does ICANN ensure the openness (including accessibility) of the Internet in conflict situations and how does ICANN manage the impact on the security and stability of the Internet?

In my humble opinion, this calls for a thorough impact analysis and policies that effectively map, identify and combat forms of abuse as warranted by overarching global security concerns. Ultimately, this approach may set more realistic expectations in the Community.

I have not been able to discuss this at the IPC and, hence, the IPC has not been able to express a position on this subject, yet.

But I think the discussion is timely.

I propose that the GNSO councilors go back to their SGCs and inform the GNSO council if they wish to ask council to consider the impact analysis that I am referring to above.

Best regards,

Flip

Flip Petillion
fpetillion at petillion.law<mailto:fpetillion at petillion.law>
+32484652653
www.petillion.law<http://www.petillion.law>

[id:image001.png at 01D3691D.DA7539C0]<https://www.petillion.law/>

  Attorneys – Advocaten – Avocats

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